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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I have been issued a summons 18 months after a motoring

Customer Question

I have been issued a summons 18 months after a motoring offence happened.. I have never been charged or questioned for the offence.. I am clearly being proscuated.. could this be possible so long after the incident and never been charged or questiones?
Submitted: 1 year ago.
Category: UK Traffic Law
Customer: replied 1 year ago.
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Expert:  Jo C. replied 1 year ago.

What is the charge please?

Customer: replied 1 year ago.
Driving a car whilst disqualified and no insurance on car..
Customer: replied 1 year ago.
The person driving the car fled the seen and I am getting the blame as police say that they recognized me fleeing the seen
Expert:  Jo C. replied 1 year ago.

To whom is the car registered?

Customer: replied 1 year ago.
Someone else but I had documents in it with my name
Expert:  Jo C. replied 1 year ago.

Then it comes down really to the ID of the officer.

They should have laid an information within 6 months of the incident but there are some exceptions to that. It is probably worth raising that issue to see what their explanation is for it. It might be that they are out of time.

Failing that you will have to challenge the ID of the officer. The problem is that if you are known to the police then I suspect we both know that Magistrates are generally biased in favour of the prosecution. They are not actually as bad as people think they are but they are still pretty bad.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
How do you find out if they lay the information within the six month period?
Expert:  Jo C. replied 1 year ago.

You just ask when you go to court.

There isn't any way of finding out in advance unless they choose to tell you.

Expert:  Jo C. replied 1 year ago.

.

Customer: replied 1 year ago.
What are the exceptions to the 6 month rule?
Expert:  Jo C. replied 1 year ago.

They are too many to explain really. You could write text books on that point.

The most common ones are wrong address at DVLA, stat decs, variations arising from Sudbury justices.

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